Hearing loss decisions — 2009

The Board has remanded the case for additional development, including obtaining treatment records from the VA Hines Medical Center and readjudicating the issues on appeal.

The Board has determined that the Veteran's current bilateral hearing loss is as likely as not related to his service, specifically noise exposure during active duty. As such, the claim for service connection for bilateral hearing loss is granted.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for bilateral hearing loss. The Veteran's bilateral hearing loss is found to be related to noise exposure in service, and he is granted service connection for this condition. As for tinnitus, a rating higher than 10 percent is not warranted, and an earlier effective date for service connection is denied.

The Veteran's appeal is being remanded for additional development, including a VA audiology examination and compliance with Vazquez-Flores requirements.

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability (TDIU) as his combined rating is only 20 percent, which does not meet the schedular percentage standards required.

The Veteran's claims of entitlement to service connection for bilateral hearing loss and tinnitus were denied, but finally granted in March 2006. The appellant's claim for accrued benefits was not based on a claim for service connection.

The Veteran's claim of entitlement to a higher rating for his service-connected bilateral hearing loss is being remanded due to the submission of recent private audiological examination evidence suggesting an increase in severity.

The Board has determined that there is no competent evidence of a disability manifested by numbness of the toes, or evidence of a nexus between such a disability and service or a service-connected disability. Therefore, the claim for service connection for numbness of several toes secondary to traumatic cervical arthritis is denied.

The Veteran's current bilateral hearing loss is related to his in-service noise exposure and the Board grants service connection for this condition.

The Veteran's initial claim for a compensable evaluation for bilateral hearing loss has been denied as his auditory acuity levels do not meet the criteria for a compensable evaluation.

The Veteran's request for a waiver of overpayment was denied because it was not made within the required 180-day period following notification.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss and a disability exhibited by impaired vision, finding that there is no evidence of in-service injury or disease related to these conditions.

The Veteran has withdrawn his appeals for the issues of entitlement to a higher rating for bilateral hearing loss and service connection for disability of the cervical spine and hypertension.

The appellant's claim for service-connected burial benefits was denied as a matter of law due to the operation of law, and not because of any evidence or facts presented.

The Board has remanded the case due to incomplete records and need for further examination.

The Board has determined that the Veteran does not have a disability of bilateral hearing loss as defined by VA regulations, and therefore service connection for this condition is denied.

The Board finds that the Veteran's bilateral hearing loss is related to noise exposure in service and grants service connection for this condition. However, there is no competent evidence relating current tinnitus to service or noise exposure.

The Board has determined that the Veteran's current bilateral hearing loss and tinnitus were not incurred in or aggravated by his military service. The evidence does not show a current diagnosis of left ear hearing loss for VA purposes, nor is there any competent medical evidence linking the Veteran's current hearing loss to his military service.

The Veteran's claim of service connection for bilateral hearing loss and tinnitus is being remanded due to the need to obtain Merchant Marine service personnel records and provide a VA audiologic examination.

The Veteran's claim for service connection for bilateral hearing loss is being remanded due to the need for a clarifying medical opinion regarding the nature and etiology of any current hearing loss.